Schwaninter & Assoc/CCCC
Robert H. Schwaninger, Jr.
Richard P. Hanno
Vie Jackson
Interconnection Consultant
",,""'" '" "". # -,
January 12, 2006
Mr. Marvin Ste~art
CDmmunicatiDn DirectDr
City Df Carmel
31 1" Ave. NW
Carmel, IN 46032
Re: Engagement Letter Regarding
Provision of Professional Services
Dear Mr. Stewart:
Thank YDU fDr using the prDfessiDnal services Df Dur firm fDr the purpDse Df representing and advising
YDur agency regarding the preparatiDn and negDtiatiDn Df a cDntract with Nextel CDmmunicatiDns, Inc.
related to 800 MHz rebanding pursuant tD WT DDcket 02-55.
Charges fDr professiDnal services prDvided by Dur firm are as fDllDws: $350 per hDur fDr principal
services; $250 fDr seniDr assDciate services; $150 fDr assDciate and engineering cDnsultant services; and $50
fDr SUPPDrt and research services. Disbursements (e.g. phDtDcDpying, mailing, etc.) will be billed in additiDn
tD prDfessiDnal service charges. All hDurly billing is perfDrmed in increments Df 0.1 Df an hDur.
NDtwithstanding the fDregDing, all charges for services tD be rendered by us shall be nD greater than
the amDunt paid by Nextel under the terms Df a Frequency RecDnfiguratiDn Agreement Dr Dther preliminary
funding agreement, and we will rely UPDn Nextel's payment Df thDse amDunts fDr the purpDse Df Dur
remuneratiDn. ACCDrdingly, YDur agency shall nDt be required tD prDvide a retainer amDunt or Dther amDunts
tD us in advance and payment tD us will Dnly be made fDllDwing Nextel's payment Df such charges in accDrd
with the terms Df an agreement. YDur agency agrees to cDDperate with the firm in cDllecting thDse amDunts
due frDm Nextel which will be emplDyed fDr the purpDse Df paying Dur fees.
TD CDmmence the provisiDn Df services described abDve, this engagement letter must be executed and
an Driginal signed CDPY must be returned tD us fDr Dur files. PeriDdic statements will be sent tD demDnstrate
the status Df YDur accDunt, including all payments due fDr wDrk perfDrmed. AdditiDnal mDnies may be
requested tD CDver future charges, hDwever, any future request fDr additiDnal mDnies will be fully explained
fDr YDur assessment and understanding. UPDn reasDnable request, the status Df YDur accDunt will be made
available to you.
Requests by you to perform services shall be handled in accord with priorities existing as among our
clients' needs. All such requests are deemed to be requests for our expending a reasonable amount of time to
perform the tasks required, including the use of those persons which we deem to be best suited to perform
those tasks internally.
In performing our services, we recognize that our efforts may be directed by your agency's personnel
or persons serving in the capacity of Project Manager for the purpose of coordinating all efforts required to
prepare and negotiate an agreement(s) with Nextel. We will cooperative with all such persons and, by your
entrance into this agreement, you agree that we should cooperate and be fully candid with all such persons.
Nothing contained herein shall be deemed to create a partnership or agency relationship between the
parties. Nothing herein shall be deemed to be an assignment to us, in whole or in part, of your right to
collect funds or obtain a right via our efforts on your behalf.
In the event that you fail to perform under this agreement, including cooperating with us in obtaining
the prompt payment of charges due and owed us, we reserve the right to (1) discontinue the provision of
services and future representation, regardless of the status of any pending matter, so long as our withdrawal
is in accord with the D.C. Code of Ethics; (2) bring suit to compel performance hereunder; and/or (3)
employ the services of a collection firm. You agree that in the event suit is necessary to compel performance
under this agreement, such suit shall be brought in the District of Columbia to which you agree for the
purposes of personal and subject matter jurisdiction.
If these terms are agreeable, we would be pleased to commence the provision of services and look
forward to representing your interests. Please indicate the name and address of the entity or person(s) which
shall stand as our client for future representation in accord with the terms expressed herein. Should you have
any questions or concerns regarding the foregoing, please contact undersigned counsel.
. Very truly yours,
Robert H. Schwaninger, Jr.
RHS:tg
The City of Carmel hereby agrees to engage Schwaninger & Associates, P.C. for the provision of the above
described services, in accord with the terms stated above.
Ignature of Client's Authorized Representative
Approved and adopted this / ST day of ~~I
./
,2006.
CARMEL BOARD OF PUBLIC WORKS AND SAFETY
Lori S.
Date:
rJL
a M. Johnson.
uly Clerk for
iana L. cordra~~, Cler
Date: I ()to
Message
Page I of I
Arnone, Janet R
From: Stewart, Marvin
Sent: Friday, January 20,2006 12:32 PM
To: Arnone, Janet R
Subject: PO verbage
(A PO to Schaninger & Associates)
"Professional Services to assist the City of Carmel with FCC sponsored NEXTEL Rebanding Project Initiatives"
".. - ....
, NOTE:'Gosts,to,be recoveredJrom .the,NEXTELF'fojecI'Administration fund, ";;
~ _. --~.-.- '-'~_.--.__.- - .---~
Marvin L. Stewart
Carmel -Clay Communications
31 1st Avenue N. W.
Carmel, IN 46032
571-2593 Office, 571-2588 Fax
mstewart@carmel,in.aov
. . ., ~
, t
1/20/2006